NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
G. Elias 6 Broad Street, Lagos Nigeria Abia House (2nd Floor) Plot 979, First Avenue Off Ahmadu Bello Way Central Business District Federal Capital Territory Abuja Nigeria Tel: +234 1 4607890 Email: gelias@gelias.com Web: www.gelias.com
1. General 1.1 General Characteristics of the Legal System Nigeria is a common law jurisdiction due to its colonial history and the influence of the English legal system. Nigeria’s legal system is a fine blend of English-received law, statutes, judicial precedents, customary law and Islamic law. English judicial authorities continue to have a persuasive (although not binding) influence in Nigeria. Nigeria’s judicial system is adversarial. Parties are required to present their cases before impar- tial judges who then reach decisions by applying legal rules to facts presented by the parties. Cases in Nigeria are conducted using a combi- nation of pleadings, oral arguments and written submissions. Court papers and written sub- missions are “frontloaded” to the courts and adopted during proceedings to ensure speedy proceedings. Oral arguments now have a greatly reduced role in court proceedings. However, by the rules of courts, parties may be allowed rea-
sonable time to make oral submissions at hear - ings. 1.2 Court System Nigeria is a federation consisting of a federal government and 36 component states. There are federal and state trial and appellate courts. The Supreme Court The Supreme Court of Nigeria is the final appel- late court for civil and criminal matters. The decisions of the Supreme Court (which hears appeals from the Court of Appeal) are final and binding on all other courts in the country. The Supreme Court also exercises original jurisdic- tion in respect of disputes between the federa- tion and state(s), among the states, between the National Assembly and the president of Nigeria, and between the state houses of assembly and states. The Court of Appeal The Court of Appeal is next to the Supreme Court of Nigeria in the hierarchy with various divisions across the country. The Court of Appeal hears both civil and criminal appeals from vari- ous courts including the Federal High Court, the
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